Is it possible for a landlord to recover from a tenant who has occupied part of a building for business purposes but has not used it as a residential unit?
"New York", United States of America
The following excerpt is from FRG Ninth Ave. LLC v. Alrubayi, 2008 NY Slip Op 50951(U) (N.Y. Civ. Ct. 5/8/2008), 2008 NY Slip Op 50951 (N.Y. Civ. Ct. 2008):
Where part of the premises is occupied for business purposes and part put to residential use, the landlord may be permitted to recover the part used for business purposes, giving the tenant the protection of the rent laws as to that part of the premises used for dwelling purposes (C.J.S. Landlord & Tenant 1410; Farrow v. Martin, 195 N.Y.S. 244, Supra.).
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